ORDINANCE NO. 2009- 07
ORDINANCE OF THE BOROUGH OF ISLAND HEIGHTS, OCEAN COUNTY, NEW
JERSEY AMENDING SECTION 17-2 OF THE CODE OF THE BOROUGH OF ISLAND
HEIGHTS ENTITLED, “RECYCLING” IN ORDER TO COMPLY WITH NEW JERSEY
STATE RECYCLING REGULATIONS
BE IT ORDAINED by the Mayor and Borough Council of the Borough of Island
Heights, County of Ocean, and State of New Jersey, as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the Borough of
Island Heights Code Section 17-2 entitled, “Recycling”, in order to comply with current State of
New Jersey solid waste law and regulations.
Section 2. Section 17-2.3 of the Code of the Borough of Island Heights entitled,
“Definitions”, is hereby amended to insert the alphabetical addition of the following definitions:
COVERED PROJECT – shall mean a construction, renovation, or demolition project for which a building permit or a demolition permit is required, and for which a dumpster or roll-off container shall be placed on premise for the purpose of solid waste materials placement.
DUAL STREAM –
Commingled – all plastic bottles; aluminum and steel cans.
Paper – magazines, catalogues, junk mail, used writing paper, newsprint, cardboard, office and school paper. No chipboard or pizza boxes.
SINGLE STREAM –
The combination of commingled and paper listed above in one container. Do no include plastic bags, food waste, paper towels, paper napkins, pizza boxes, egg cartons, aluminum foil, plastic cups and utensils. No plastic other than bottles. No juice boxes or bags. No garbage.
DESIGNATED RECYCLABLE MATERIALS – means those materials designated within the
Ocean County District Solid Waste Management Plan to be source separated for the purpose of recycling.
ELECTRONIC WASTE –shall mean a computer central processing unit and associated hardware including keyboards, modems, printers scanners and fax machines; a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than 4 inches measured diagonally and that contains one or more circuit boards, including a television, and cell phones;
MULTIFAMILY DWELLING – means any building or structure, or complex of buildings in which three or more dwelling units are owner-occupied or rented or leased, or offered for rental or lease, for residential purposes (see NJSA 13:1E-99.13a) and shall include hotels, motels, or
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other guest houses serving transient or seasonal guests as those terms are defined under subsection (j) of section 3 of the “Hotel and Multiple Dwelling Law,” P.L. 1967, c.76 (C55:13-A-1 et seq.);
MUNICIPAL RECYCLING COORDINATOR – means the person or persons appointed by the municipal governing body and who shall be authorized to, among other things, enforce the provisions of this Ordinance, and any rules and regulations which may be promulgated hereunder.
MUNICIPAL SOLID WASTE (MSW) stream-means all solid waste generated as residential, commercial, and institutional establishments within the boundaries of the municipality of the
Borough of Island Heights;
RECYCLABLE MATERIAL – means those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products;
SOURCE-SEPARATED RECYCLABLE MATERIALS – means recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling;
SOURCE SEPARATION – means the process by which recyclable materials are separated at the point of generation by the generator therof from solid waste for the purposes of recycling;
WHITE GOODS – Appliances, air conditioners, refrigerators, stoves, hot water heaters, ice makers, and freezers.
Section 3. Section 17-2.5 of the Code of the Borough of Island Heights entitled,
“Separation of Recyclables and Placement for Disposal”, is hereby amended to delete subsection a and to insert in its place and stead the following:
“a. Mandatory source separation: It shall be mandatory for all persons who are owners, tenants, or occupants of residential and non-residential premises, which shall include but not be limited to retail and other commercial locations, as well as government, schools and other institutional locations within the municipality of the
Borough of Island Heights, to separate designated recyclable materials from all solid waste. Designated recyclable materials shall be deposited separate and apart from other solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by regulations promulgated by the Borough of Island Heights”.
Section 17-2.5 of the Code of the Borough of Island Heights entitled, “Separation of Recyclables and Placement for Disposal”, is hereby amended to add a new subsection c as follows:
“c. Every business, institution, or industrial facility shall submit annually to the Municipal Recycling Coordinator, proof of removal of designated recyclable
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materials from their premises including the total weight and type of recycling material collected and recycled, and the vendor(s) providing said service”.
Section 17-2.5 of the Code of the Borough of Island Heights entitled, “Separation of
Recyclables and Placement for Disposal”, is hereby amended to add a new subsection d as follows:
“d. All containers containing recyclable materials shall be placed, prior to collection between the curb and the sidewalk, or in the absence of the curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition.
Receptacles or other item to be disposed of shall be placed as noted above anytime after
4:00 PM of the day immediately preceding the day of collection, but no later than 6:00
AM of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 PM of the day of collection”.
Section 17-2.5 of the Code of the Borough of Island Heights entitled, “Separation of
Recyclables and Placement for Disposal”, is hereby amended to add a new subsection e as follows:
“e. All receptacles or dumpsters shall be kept clean and in a safe manner”.
Section 4. Section 17-2.9 of the Code of the Borough of Island Heights entitled,
“Enforcement and Administration” is hereby amended to add the following new paragraph:
“The Code Enforcement Official, the Department of Health, the Recycling
Coordinator, the Property Maintenance Official, the Housing Officer and the Ocean
County Department of Health are hereby individually and severally empowered to enforce the provisions of this Ordinance. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material”.
Section 5. Section 17-2.10 of the Code of the Borough of Island Heights entitled,
“Exemptions”, is hereby amended to delete the entire section and replace same with the following:
“Exemptions.
Pursuant to N.J.S.A. 13:1E-99.16(d), the governing body of a municipality may exempt persons occupying commercial or institutional premises within its municipal boundaries from the source separation requirements of the ordinance which requires persons generating municipal solid waste within its municipal boundaries to source
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separate from the municipal solid waste stream, the specified recyclable materials if those persons have otherwise provided for the recycling of all designated recyclable materials. To be eligible for an exemption pursuant to this Chapter, a commercial or institutional generator of solid waste shall file an application for exemption with the municipal recycling coordinator on forms to be provided for this purpose. The form shall include, at a minimum the following information: the name of the commercial or institutional entity; the street address location and lot and block designation; the name, official title and telephone number of the person making application on behalf of the commercial or institutional entity; the name, address, official contact person and telephone number of the facility which provides the service of recycling those designated recyclable materials, and a certification that the designated recyclable materials will be recycled, and that, at least on an annual basis, said recycling service provider or commercial/institutional generator shall provide written documentation to the municipal recycling coordinator of the total number of tons collected and recycled for each designated material”.
Section 6. Section 17-2.11 entitled, “Violations and Penalties” is hereby deleted and is being replaced as Section 17-2.21.
The following Section 17-2-11 is hereby established and added to Chapter 17-2 as follows:
“17-2.11 Residential Dwelling Compliance Requirements.
The owner of any property shall be responsible for compliance with this
Ordinance. For multifamily units, the management or owner is responsible for establishing and maintaining the recycling system, including collection of recyclable materials, in accordance with guidelines or regulations established by the appropriate municipal office. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The management shall issue notification and collection rules to the new tenants when they arrive and every 6 months during their occupancy”.
Section 7. Section 17-2-12 is hereby established and added to Chapter 17-2 as follows:
“17-2.12. Non-Residential Establishment Compliance Requirement. a. All commercial and institutional generators of solid waste shall be required to comply with the provisions of this Ordinance. b. The arrangement for collection of designated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the municipality provides for the collection of designated recyclable materials. All commercial, institutional or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for designated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents.
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c. Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. d. All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer”.
Section 8. Section 17-2-13 is hereby established and added to Chapter 17-2 as follows:
“17-2.13. New Developments of Multi-Family Residential Units or
Commercial, Institutional, or Industrial Properties (Pursuant to
N.J.S.A. 13:1E-99.13a and 99.16c. a.
1.
Any application to the planning board of the municipality of the Borough of Island Heights, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of 50 or more units or any commercial, institutional, or industrial development for the utilization of 1,000 square feet or more of land, must include a recycling plan. This plan must contain at a minimum, the following:
A detailed analysis of the expected composition and amount of solid waste and recyclables generated at the proposed development and
2. Locations documented on the application’s site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the municipal recycling coordinator. b. c.
Prior to the issuance of a Certificate of Occupancy by the municipality of the Borough of Island Heights, the owner of any new multi-family housing or commercial, institutional, or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source-separated recyclable materials, in those instances where the municipality does not otherwise provide this service.
Provision shall be made for the indoor, or enclosed outdoor, storage and pickup of solid waste, to be approved by the municipal engineer.
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Section 9. Section 17-2-14 is hereby established and added to Chapter 17-2 as follows:
“17-2.14 Prohibition of the Collection of Solid Waste Mixed With
Recyclable Materials. a. It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of, designated recyclable materials.
It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials. b. It shall be the responsibility of the resident or occupant to properly segregate the uncollected solid waste for proper disopsal or recycling.
Allowing such unseparated solid waste and recyclables to accumulate will be considered a violation of this article and the local sanitary code. c. Once placed in the location identified by this Ordinance, or any rules or regulations promulgated pursuant to this Ordinance, no person, other than those authorized by the municipality, shall tamper with, collect, remove, or otherwise handle designated recyclable materials”.
Section 10. Section 17-2.15 is hereby established and added to Chapter 17-2 as follows:
“17-2.15 Construction, Renovation and Demolition Debris Recovery Plan.
A debris recovery plan shall be filed with the municipal recycling coordinator prior to the commencement of any activity for which municipal approval as further identified above.
The debris recovery plan shall identify the types and estimated quantities of construction and demolition debris to be generated from the project, how each material will be managed, and the name of each facility or service provider that the entity will use to manage each material. The plan shall further detail how the applicant shall ensure that a minimum of 50% of the materials to be generated will be separated and recycled.
Section 11. Section 17-2.16 is hereby established and added to Chapter 17-2 as follows:
17-2.16
Review of Debris Recovery Plan. a. Approval: A debris recovery plan shall be reviewed by the municipal recycling coordinator, and approved if it provides for all the information required by this Ordinance. An approved debris recovery plan shall be marked “Approved” and returned to the owner of the entity which submitted the plan. b. Denial: A debris recovery plan shall not be approved if it does not provide all of the information required by this Ordinance. If a debris recovery
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plan is not approved, the owner of the entity, which submitted the plan, shall be notified in writing that the plan has been rejected, including the reasons for the rejection. In order to obtain the building or demolition permit sought, the owner of the entity, which will carry out the construction, renovation, or demolition project, shall make the required changes and resubmit the debris recovery plan to the municipal recycling coordinator.
Section 12. Section 17-2.17 is hereby established and added to Chapter 17-2 as follows:
17-2.17 Diversion Requirement Adjustment. a. Application: If the owner of an entity carrying out a covered project experiences circumstances that make it infeasible to comply with the diversion requirement cited in this Ordinance, the owner of the entity may apply for an adjustment. The owner shall indicate in writing why it is infeasible to divert 50% of the materials being generated from the covered project and specify what percentage of diversion could be achieved.
Increased costs to the owner of the entity carrying out the covered project will not be an acceptable justification for an adjustment. b. Review: The municipal recycling coordinator shall review the information supplied by the owner. If warranted the municipal recycling coordinator shall attempt to contact the owner to discuss possible ways of meeting the diversion requirement. c. Granting of an adjustment: If the municipal recycling coordinator determines that it is infeasible for the entity carrying out a covered project to divert 50% of the generated C&D debris from the covered project, the percent of diversion required shall be adjusted. The owner shall be notified in writing of the adjusted diversion requirement. The owner of the entity carrying out the covered project shall be required todivert the percent of C&D debris by the adjustment. d. Denial of adjustment: If the municipal recycling coordinator determines that it is feasible for the owner of an entity carrying out a covered project to meet the diversion requirement cited in this Ordinance, the owner shall be notified in writing of the denial of the diversion requirement adjustment.
Section 13. Section 17-2-18 is hereby established and added to Chapter 17-2 as follows:
17-2.18 Debris Recovery Plan Reporting Requirement.
Documentation: Upon completion of the covered project, but before the final inspection the owner of the entity carrying out a covered project shall submit in person or by certified mail to the municipal recycling coordinator, the documentation required to demonstrate that the applicant has met the diversion requirement. The required documentation shall include the following:
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1. A completed debris recovery report, signed by the owner of the entity carrying out a covered project, indicating the quantity of each material generated during the covered project diverted or disposed,
2. Receipts from all facilities or service providers utilized to divert and dispose materials generated during the covered project, and
3. Any additional information that the owner of the entity carrying out the covered project believes is relevant to determining compliance with the diversion requirement.
Section 14. Section 17-2-19 is hereby established and added to Chapter 17-2 as follows:
17-2.19 Appeal.
An owner of the entity carrying out the covered project may appeal a determination of failure to comply under this Ordinance to the municipality within 30 days of the decision or determination. The appeal shall be in writing and shall state the facts and basis for the appeal. A decision by the (department where appeal is to be filed) shall be final.
Section 15. Section 17-2.20 is hereby established and added to Chapter 17-2 as follows:
17.2-20 Enforcement.
The Code Enforcement Official, the Police Department, the Department of
Health, the Recycling Coordinator, the Property Maintenance Official, and the
Housing Officer are hereby individually and severally empowered to enforce the provisions of this Ordinance. The respective enforcing official may, in his or her discretion, post warning stickers for a first offense. An inspection may consist of dumping and opening of solid waste bags or containers to detect, by sound or sight, the presence of any recyclable material.
Section 16. Section 17-2-21 is hereby established and added to Chapter 17-2 as follows:
17-2.21 Violations and Penalties a. Any person who violates any one (1) or more sections of this ordinance shall be subject to a fine of not less than two thousand five hundred
($2,500.00) dollars and not more than ten thousand ($10,000.00) dollars for each separate offense and/or confinement in the Ocean County Jail for a period of not more than ninety (90) days. The Municipal Court shall have the option of imposing community service for a violation of any offense under this ordinance.
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b. c.
Each and every day in which a violation of any of the provisions of this
Chapter exists shall constitute a separate offense.
Fines levied and collected pursuant to the provisions of this Ordinance shall be immediately deposited into the Municipal Recycling Trust Fund
(or equivalent). Monies into the MRTF (or equivalent) shall be used for the expenses of the municipal recycling program”.
Section 17. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Borough Mayor and Council hereby declare that is would have passed this ordinance, and each section, subsection, caluse or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 18. This Ordinance shall take effect immediately upon its final passage and publication as required by law.
NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Island
Heights, in the County of Ocean, held on the 11th day of August, 2009 and will be considered for second reading and final passage at a special meeting of said governing body to be held on the 01 st day of September, 2009 at 7:00 p.m. at the Municipal Building Island Heights New
Jersey at which time and place any person desiring to be heard upon the same will be given an opportunity to be so heard.
____________________________
Ellie Rogalski, RMC/CMC
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